Page 49, line 17 [Clause 76], leave out from beginning to 'must' and insert

'(1) In relation to a person charged in accordance with section 75(3)

(a)

section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for "either on bail or without bail" there were substituted "on bail",

(b)

section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and

(c)

section 43B of the Magistrates' Courts Act 1980 (c.43) does not apply.

(1A) Where such a person is, after being charged

(a)

kept in police detention, or

(b)

detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,

he'.

Mr Secretary Blunkett

387

Page 49, line 19 [Clause 76], leave out from first 'and' to 'not' in line 20 and insert 'section 46 of the 1984 Act does'.

'and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.'.

Mr Secretary Blunkett

403

Page 50, line 28 [Clause 77], at end insert ', and section 81(5) of the Supreme Court Act 1981 (c.54) does not apply.'.

Mr Secretary Blunkett

404

Page 50, line 29 [Clause 77], leave out from '(6)' to 'the' in line 30.

Mr Secretary Blunkett

405

Page 50, line 34 [Clause 77], leave out ', with such conditions as it sees fit,'.

Mr Secretary Blunkett

406

Page 50, line 36 [Clause 77], leave out subsection (8).

Mr Secretary Blunkett

407

Page 50, line 38 [Clause 77], leave out 'from time to time'.

Mr Secretary Blunkett

408

Page 50, line 41 [Clause 77], leave out from '(7)(a)' to end of line 42.

Mr Secretary Blunkett

409

Page 51, line 10 [Clause 78], leave out 'with such conditions as it sees fit,'.

Mr Secretary Blunkett

410

Page 51, line 26 [Clause 78], at end insert

'(3A) Section 4 of the Bail Act 1976 (c.63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.'.

'(3) References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as

(a)

appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and

(b)

is specified by the Commissioners for the purposes of the provision concerned.'.

NEW CLAUSES RELATING TO PART 10

Restrictions on publication in the interests of justice

Mr Secretary Blunkett

NC42

To move the following Clause:

'(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.

(2) In subsection (1) "retrial" means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 65.

(3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.

(4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order

(a)

applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and

(b)

does not otherwise affect the earlier publication.

(5) After notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only

(a)

of its own motion, or

(b)

on the application of the Director of Public Prosecutions.

(6) Before such notice has been given, an order under this section

(a)

may be made only on the application of the Director of Public Prosecutions, and

(b)

may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.

(7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.

(8) Any order made under this section before notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.

(9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time

(a)

when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or

(b)

if he is tried pursuant to such an order, at the conclusion of the trial.

(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.

(11) In this section

"programme service" has the same meaning as in the Broadcasting Act 1990 (c.42),"publication" includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,"relevant programme" means a programme included in a programme service.'.